CAPÍTULO III. MARCO CONTEXTUAL
PRODUCCION PECUARIA O
Four different TPM and circumvention device sets were chosen, to apply the model in a broad context and to demonstrate the applicability of the results to the different types of Australian TPMs. These specific examples were chosen for their prominence in Australian society and their contrasting attributes.
Both the providers and users of each circumvention device are considered, to assess their interdependencies and to paint a full picture of reality.
[3.1.1] 1 DVD Example
Why this TPM?
DVD movies and the ‘DVD Shrink’ circumvention software are taken as the first example. DVD movies and players are widespread throughout Australian society, and DVD copying has become simpler and cheaper in recent years.
‘DVD Shrink’ is a piece of circumvention software that is freely available online, and can remove the Content Scramble System (CSS) TPM that protects
143 That is, where any variable could realistically fluctuate, the value of that variable is taken at the level that makes anti‐circumvention laws appear most effective.
movie‐DVDs. There are many other free CSS circumvention tools available, and the particular DVD Shrink software is not integral to the results. It is chosen simply because it is one of the most popular and widespread CSS circumvention tools on offer.
Example Specifics
As CSS circumvention devices are available from numerous free sources, this DVD Shrink provider is taken to be a non‐commercial contravener. This non‐
commercial supplier provides DVD Shrink, but did not manufacture it, and so has no development costs. None of the providers considered in the examples have manufactured the devices that they provide, as the vast majority of device development and manufacture occurs outside Australia,144 and thus outside the models.145
144 Note that s 116AM limits the application of Australia’s anti‐circumvention laws to acts done in Australia.
145 Moreover, if development costs were introduced to the models, the cost increases imposed by anti‐circumvention laws would appear less significant. So to err on the side of caution, no development costs are included. See these Chinese circumvention device manufacturers, ‘Future (China) Company Limited’
<http://futurechina.manufacturer.globalsources.com/si/6008824914942/Homepage.htm>
(14 Sep 2007); ‘Manufacturer of China Products – Future (China) Company Limited’
<http://futurechina.manufacturer.globalsources.com/si/6008824914942/Showroom/300000 0149681/ALL/2.htm> (14 Sep 2007); ‘Modchip, China Modchip, Modchip Manufacturers, China Modchip Catalogue’ <http://www.made‐in‐china.com/products‐search/hot‐china‐
products/Modchip.html> (14 Sep 2007).
This provider already has a competent PC and is skilled with computers.
Therefore, the provider chooses to provide by uploading the DVD Shrink installation file on a familiar Bit Torrent network.
The user rents the desired DVD movie from a local video store, and downloads the DVD Shrink software in order to copy it.
Is it representative?
The model could be similarly applied to movies distributed on HD‐DVD or BluRay discs, once an equally accessible circumvention device is developed for them.146 Their TPMs have not yet been ‘cracked’, so users may not circumvent them. However, this is a product of the technical complexity and sophistication of the TPM, not the effect of anti‐circumvention laws. So, in the future, these media may also be circumvented, and at this time, the DVD results given here will be applicable to them as well.
146 The Advanced Access Control System (AACS) protects both BluRay and HD‐DVD movies. The Win DVD 8 HD‐DVD player has been compromised and its encryption key, capable of circumventing the AACS TPM, has been released online. However, this key has been revoked by the AACS managers and will not allow unauthorised playback or copying of new discs. See, Mattock N and Petrie H, ‘Hackers 1, Hollywood Film Studios 0 : Blu Ray And High Definition DVD Security Hacked In A Matter Of Days’, Mondaq Business Briefing, 29 March 2007; Segan S, ‘Digg Users Storm the Bastille’, PC Magazine, 5 July 2007: <http://www.pcmag.com/article2/0,1895,2124848,00.asp> (12 Jul 2007);
Jesdanun A, ‘Users Rebel at User‐Recommendation Site’, Associated Press, 2 May 2007:
<http://www.foxnews.com/wires/2007May02/0,4670,TechBitDiggRebellion,00.html> (13 Sep 2007).
[3.1.2] 2 PlayStation Example
Why this TPM?
The second example involves the most heated topic in Australian anti‐
circumvention law; PlayStation modification chips (mod‐chips). This example was chosen to consider the circumvention devices that have seen so much Australian publicity, since the series of cases in the Sony v Stevens litigation.147
Although these cases involved PlayStation 1 consoles, the more modern PlayStation 2 and its mod‐chips will be used for this example. The PlayStation 1 is now obsolete, and this investigation must remain relevant to modern TPMs. Nevertheless, PlayStation 2 mod‐chips are about as difficult and expensive to acquire and install as PlayStation 1 mod‐chips.
147 Kabushiki Kaisha Sony Computer Entertainment v Stevens (2001) 116 FCR 490 (FCA);
Kabushiki Kaisha Sony Computer Entertainment v Stevens (2002) 200 ALR 55 (FCA); Kabushiki Kaisha Sony Computer Entertainment v Stevens (2003) 132 FCR 31 (FCAFC); Stevens v Kabushiki Kaisha Sony Computer Entertainment (2005) 221 ALR 448 (HCA).
Example Specifics
This example involves a circumvention service provider, who runs a small electronics repair shop, and installs mod‐chips on the side. This provider is commercial, but does not manufacture the chips that are installed.148
The user attends the store, has the circumvention service provided and proceeds to pirate PlayStation games to play on the mod‐chipped console.149
Is it representative?
While this example is focused specifically on the PlayStation 2 console, the models could be applied equally to other consoles that have similarly circumventable TPMs. These consoles include the PlayStation Portable (PSP), Xbox, Xbox 360, Nintendo GameCube and the Nintendo Wii.150
148 The chips are purchased from mainland China. See, ‘Modchip, China Modchip, Modchip Manufacturers, China Modchip Catalogue’ <http://www.made‐in‐china.com/products‐
search/hot‐china‐products/Modchip.html> (14 Sep 2007).
149 It is assumed, for this example, that users simply bring their PlayStation 2 consoles to the mod‐chip provider, for it to be chipped. This identifies the provider as a service provider, as opposed to a device supplier.
150 These consoles also have readily available mod‐chips, which can circumvent their respective TPMs. See, ‘Mod‐chip G Cube’ <http://www.modchip‐
land.com/?pag=cat&cat=12&title=Modchip‐‐‐G‐Cube> (8 Sep 2007); Consoletronics, ‘PS2 Xbox Modchip Specialist in Sydney’ <http://www.consoletronics.com> (2 Aug 2007);
‘Xbox 360 Mods & Upgrades’ <http://cracker.com.au/classifieds/sydney/for‐
sale/videogames/274509058.aspx> (31 Aug 2007); ‘PS2 Xbox Wii Xbox 360 Mods Repairs and Upgrades (Frenchs Forest)’ <http://cracker.com.au/classifieds/sydney/for‐
sale/videogames/306271607.aspx> (31 Aug 2007); ‘Australia`s Leading Repairs Specialist XBOX360 Wii (BALMAIN)’ <http://cracker.com.au/classifieds/sydney/for‐
sale/videogames/304843097.aspx> (31 Aug 2007); ‘Premods, Repairs, Installs, Modchips
[3.1.3] 3 DesignPro Example
Why this TPM?
The third example builds upon the software circumvention device evaluation in the DVD example, but focuses on TPM protected software, and depicts a commercial device provider.
This fictional graphics editing software is entitled ‘DesignPro’, and is taken as representative of the many graphic design programs that use fully functional trial versions, which are shut down by TPMs after a specified period.151 The equally fictional software‐based circumvention device for DesignPro’s TPM is called ‘ProBuster’.
Example Specifics
This example’s provider supplies the ProBuster circumvention device, which can crack the TPMs on the trial version of DesignPro, to give it the same
(Bankstown)’ <http://cracker.com.au/classifieds/sydney/for‐
sale/videogames/299830816.aspx> (31 Aug 2007).
151 This period is usually 30 days. See, for example, Corel, ‘Painting/Natural Media – Corel Painter Essentials 3’
<http://www.corel.com/servlet/Satellite/us/en/Product/1152105062012> (9 Sep 2007);
Adobe, ‘Adobe – Photoshop CS3, Photo Editing Software, Digital Image Editor’
<http://www.adobe.com/products/photoshop/photoshop/> (15 Sep 2007); Adobe, ‘Adobe – Illustrator CS3, Digital Graphic Design Software, Computer Aided Design Software, Computer Graphic Design Solution’ <http://www.adobe.com/products/illustrator/> (15 Sep 2007).
functionality as the full product. This provider does not supply pre‐
circumvented software, only the device and the web address to download the trial. This provider makes the device available through a basic website, and uses an eBay/PayPal account for advertising and payments.
Users download and install the DesignPro trial, after which they apply the ProBuster circumvention device.